You can sue for a school bus accident if another party’s negligence caused your child to suffer injuries. Defendants in your case may include the bus driver, school district, bus company, other motorists, or manufacturers. To pursue legal action, you must establish that the defendant breached a duty of care, causing the accident and harm. A personal injury attorney familiar with school bus accidents can help assess the viability of your case and guide you through a subsequent lawsuit. 

When Can You Sue for a School Bus Accident?

You can sue for a school bus accident when another party’s negligence caused your child’s accident and resulting injuries. School bus accident lawsuits can arise out of a variety of conditions, including:

When the Bus Driver Was Negligent

School bus drivers owe a duty of care to the children they transport. This duty requires them to act in a way that prevents foreseeable harm to their passengers. If the bus driver was speeding, distracted, intoxicated, or otherwise driving recklessly, he or she may be liable for the accident.

When the School District Was Negligent

The entity responsible for maintaining the school bus may be at fault if they failed to properly maintain the vehicle. Additionally, the district may be held responsible if they didn’t adequately train the driver or conduct necessary background checks prior to hiring.

When Other Drivers Cause the Crash

Similar to when a bus driver is negligent, if another driver’s actions caused a collision with a school bus, he or she could be responsible for covering damages through his or her insurance policy. Drivers may fail to yield when a bus is stopped, disobey traffic signals, speed, or practice other forms of negligence, causing a crash.

Consulting with a school bus accident attorney can help you protect your child’s rights. Recovering compensation for bus accident injuries protects your family’s financial future in the long run. 

Who Can You Sue After a School Bus Accident?

After a school bus accident, several parties could be held liable for the injuries suffered by the victims. The person or entity found to be at-fault for your child’s injuries will depend on the cause of the crash. Identifying the responsible party is a crucial step in pursuing legal action. 

The defendant in your bus accident lawsuit could be:

  • The school bus driver.
  • The school district
  • The bus maintenance company
  • Other motorists

What Role Does Sovereign Immunity Play in a School Bus Accident Case?

Sovereign immunity can impact a school bus accident case when the defendant is a government entity, such as a school district or municipality. Sovereign immunity shields government entities from certain lawsuits and liability claims, protecting them from being sued without their consent. In school bus accident cases, this immunity may limit the ability of plaintiffs to pursue legal action against government entities. However, many states have waived sovereign immunity to some extent, allowing individuals to sue government entities for negligent acts or omissions. 

Special procedures and shorter timelines may apply when suing government entities, and damages may be capped. Understanding the role of sovereign immunity is essential when considering legal action after a school bus accident involving a government entity, as it can impact the case’s outcome.

How to File a Bus Accident Lawsuit

Filing a bus accident lawsuit involves several steps. First, ensure your child gets prompt medical care, and document his or her injuries thoroughly. This will help improve his or her chances of achieving a full recovery, as well as provide proof for an impending legal claim. Once injuries are documented and care is sought, collect evidence from the accident scene and call a lawyer. 

Once retained, your lawyer will review your bus accident case and identify the liable party. He or she will then initiate a claim on your behalf, and enter negotiations to secure you a settlement. If the liable party won’t agree to a reasonable settlement, your attorney can take your case to court.

Throughout the process, having a knowledgeable attorney by your side can increase your chances of obtaining the compensation you need for your child’s injuries.